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Court also finds a Mississippi man in the county jail competent to proceed Thursday

By Christy Steadman

steadmanc@canoncitydailyrecord.com

Posted:
11/21/2013 09:17:39 PM MST

Fortson

A Cañon City city man accused of sexual assault on a child appeared in district court Thursday morning for the filing of charges.

Ricardo Lee Fortson, 41, faces one count of sexual assault on a child pattern of abuse, a class 3 felony and one count of sexual assault on a child, a class 4 felony. Both charges stem from allegations that the alleged victim is under 15 years of age with a four-year age difference between the accused and the alleged victim.

Possible penalties for the class 3 felony is 10 to 32 years to life in the Department of Corrections and 20 years to life on parole. For the class 4 felony, Fortson could receive two to 12 years to life in the DOC and 10 years to life on parole.

Fortson's next hearing is at 11 a.m. Dec. 3.

Fortson appeared Thursday without representation. He said he does not qualify for a public defender but that he intends to hire an attorney.

A press release issued by the Cañon City Police Department states the investigation was initiated Aug. 6 after the department received a phone call from a local health care facility.

The release states that the reported victim had been at a sleepover at a friend's home on or about Aug. 5 in the north part of Cañon City, at which time Fortson allegedly fondled and had sexual intercourse with her.

An arrest affidavit states that DNA testing matches a sample from the alleged victim's underwear to Fortson.

Following a three-month investigation, Fortson was arrested Nov. 14 on a warrant issued out of Fremont County District Court. He was transported to the Fremont County Detention Center with a $6,000 bond.

In court Thursday, Fortson appeared out of custody released on bond. Deputy District Attorney Stacey Turner made notice that she intended to increase bond.

According to the affidavit, prior to Aug. 27, Fortson was employed at the DOC when he reportedly made a "no call, no show" at work that day. A public information officer of the DOC Monday confirmed that Fortson is not employed at the DOC.

In other unrelated court news, Davon Deshawn Cunningham, 22, appeared for a hearing Thursday at which District Judge Patrick Murphy found Cunningham competent to continue with criminal proceedings, after evaluating documentation dated Oct. 10.

The Mississippi man is under investigation for aggravated motor vehicle theft, felony menacing, theft by receiving and second-degree criminal trespass. He is being held in the Fremont County Jail.

Cunningham initially claimed to be deaf and unable to speak, and was granted a sign language interpreter for court proceedings.

At an April 11 hearing, Deputy District Attorney Stacey Turner presented evidence that Cunningham was able understand orders from jail staff, and that he spoke to them.

Judge Murphy granted the defense's motion for an evaluation of Cunningham after determining that a sign language interpreter was not necessary.

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